Posted by JJ on November 25, 1999 at 13:09:43:
In Reply to: Roommates breaking lease-Right of remaining party. posted by Tom Turner on November 25, 1999 at 12:55:10:
: My daughter shares an apartment in Greenwich Village with two other individuals. They are all students and all three of their names appear on the lease. I am a guarantor for my daughter and the other two tenants have guarantors of their own.
: The problem is such. The other two tenants have now decided that the apartment is too expensive for them and have told the landlord they are leaving at the end of November. He is agreeing to this and is not enforcing the lease. He say the laws in NY and the cost of enforcing the lease being what they are. It is cheaper to not try to enforce the terms of the lease on the other occupants. He now tells us, if the full rent is not paid for December he will seek an eviction warrant and have the authorities place my daughter's property on the curb.
: Do we have any rights here? What is the purpose of having guarantors, if you have no intention of enforcing the lease? What does it take for him to get an eviction warrant?
: Any immediate help or advice would be greatly appreciated.
get a warrant? months: first there's the rent damand, then the lawsuit petition, then a court date, then some adjournments, then a judgment/order, a couple of weks later, a warrant, which must be served a week or two before the actual eviction.
there's a lot of info on non-payment evictions on this message board (use search if it works...) and on Tenant.net.
read that lease carefully: if it say the kids are tenants 'individually and jointly' or words to that effect, it means that each one can be held responsible for the whole rent.
try to get the landlord's 'OK' of the two roommates leaving IN WRITING. if you get sued, make sure the other two get sued also. send the kid to the college's off-campus housing office: they should be able to help more....
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